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(영문) 대전지방법원서산지원 2015.06.26 2015가단50066

토지인도

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As to the claim for the performance of the procedure for change of the owner’s name, the Plaintiff asserts that the report on the construction of the attached building report was made under the name of the Defendant at his/her own expense, and seeks implementation of the procedure for change of the owner’s name.

However, unless there is any assertion or proof on the specific terms and conditions that lead to the change of the name of the building owner in the name of the defendant, the mere fact that the plaintiff had made a building report in the name of the defendant at his/her own expense cannot be viewed as the defendant's obligation to change the name of the building owner at the plaintiff's request. Therefore, the above assertion is without merit.

2. Regarding the claim for payment of KRW 30,000,000, the Plaintiff asserts to the effect that the Defendant, her married, forcedly hospitalized the Plaintiff into a mental hospital, and then the de facto owner withdrawn KRW 30,000,000 from the deposit account in the name of the Defendant, the Plaintiff, without permission, the Defendant sought payment of KRW 30,000,000 against the Defendant.

However, insofar as the above KRW 30,000,000 did not have any assertion or evidence as to the process of depositing the account in the Defendant’s name, the mere fact that the Plaintiff deposited the above KRW 30,000,000 into the account in the Defendant’s name does not immediately mean that the Defendant is obligated to return the above KRW 30,000,000 upon the Plaintiff’s request. Thus, the above assertion is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices on the bench.